State ex rel. Dudley v. Daggett

Citations

• 28 Wash. 1
• 68 P. 340
• 1902 Wash. LEXIS 450

Syllabus

<p>APPEAL-MANDAMUS —AMOUNT IN CONTROVERSY.</p> <p>The supreme court has jurisdiction on appeal of a proceeding by mandamus to compel the issuance of a warrant for salary to a city officer, although the amount in controversy mlay be less than $200.</p> <p>MANDAMUS ■ — ■ ISSUANCE OF SALARY WARRANT.</p> <p>Mandamus is the proper remedy to compel the certification of the payroll for the salary of a public officer and the issuance of a warrant therefor, when the salary is fixed by law, and the officer charged with the performance of such duty refuses to perform the same.</p> <p>SAME-TITLE TO OFFICE-WHEN MANDAMUS PROPER REMEDY.</p> <p>The rule that quo warranto is the proper remedy to try title to an office would not prevent resort to a proceeding by mandamus to compel payment of an officer’s salary, in which his right to the office is incidentally involved, where there is no other claimant or occupant of the office whom it is necessary to oust.</p> <p>SAME-ADEQUATE REMEDY AT LAW.</p> <p>Where a city comptroller refuses to issue a salary warrant to an officer of the city, on the ground that he has no title to the office, mandamus is the proper remedy when the salary of the officer and the duty of the comptroller to draw such warrants are both fixed by law, and the officer is not compelled to first resort to an action at law against the city for the recovery of money, especially when it appears that the city is not disputing his claim.</p> <p>SAME-INTERFERENCE WITH OFFICER’S DISCRETION.</p> <p>The duty of a city comptroller to draw warrants for officers whose salary is fixed by law being clearly defined by ordinance and charter, the performance of such duty would not require the exercise of judgment and discretion on the comptroller’s part to determine the title of an officer to his office, and hence the performance of his duty in that respect is enforcible by mandamus.</p> <p>MUNICIPAL CORPORATIONS-AUDIT OF CLAIMS •— EXCEPTION OF SALARIES.</p> <p>Where the salary of a cit